Definitions

1 In this Act, or in an enactment:

"Act" means an Act of the Legislature, whether referred to as a
statute, code or by any other name, and, when referring to past legislation, includes an
ordinance or proclamation made before 1871, that has the force of law;

"enact" includes to issue, make, establish or
prescribe;

"enactment" means an Act or a regulation or a portion of an Act
or regulation;

"public officer" includes a person in the public service of
British Columbia;

but does not include an order of a court made in the course of an action or an
order made by a public officer or administrative tribunal in a dispute between 2 or more
persons;

"repeal" includes to revoke, cancel or rescind.

Application

2(1) Every provision of this Act applies to every enactment, whether enacted before or
after the commencement of this Act, unless a contrary intention appears in this Act or in
the enactment.

(2) The provisions of this Act apply to this Act.

(3) Nothing in this Act excludes the application to an enactment of a rule of
construction applicable to it and not inconsistent with this Act.

Date of commencement

3(1) In this section, "the date of assent" for an Act reserved for
the signification of the Governor General's pleasure, means the date of the signification
by the Lieutenant Governor that the Governor General in Council assented to the
Act.

(2) The date of the commencement of an Act or of a portion of it for which no other
date of commencement is provided in the Act is the date of assent to the Act.

(3) If an Act contains a provision that the Act or a portion of it is to come into
force on a day other than the date of assent to the Act or on proclamation or by
regulation of the Lieutenant Governor in Council, that provision and the title of the Act
are deemed to have come into force on the date of assent to the Act.

(3.1) If an Act contains a provision to the effect that the Act, or a portion of it,
comes into force on a date that is earlier than the date of assent, that Act or portion
referred to in the provision

(a)
comes into force in accordance with the terms of the provision, and

(b)
on coming into force, is deemed to have come into force on the earlier date
referred to in the provision and is retroactive to the extent necessary to give it force
and effect on and after that earlier date.

(4) The date of assent or signification is part of the Act.

(5) Every regulation of a class that is exempted from the application of the Regulations Act or to which that Act does not apply and that is not expressed to come into force on a particular day comes into force the day the
regulation was enacted.

Time of commencement or repeal

4(1) An enactment must be construed as commencing at the beginning of the day on which
it comes into force.

(2) An enactment that is repealed and replaced ceases to have effect at the time the
new enactment commences.

(3) Any other enactment ceases to have effect at the end of the day on which it
expires or otherwise ceases to have effect.

(4) An enactment that has expired or otherwise ceased to have effect is deemed to be
repealed for the purposes of this Act.

Preliminary proceedings and staggered commencement

5(1) If an enactment that is not in force contains provisions conferring power to make
regulations, or to do any other thing, to make the enactment effective on its coming into
force, the power may be exercised before the enactment comes into force, but the
regulation or the thing done has no effect until the enactment comes into force, except in
so far as is necessary to make the enactment effective on its coming into
force.

(2) If an enactment is to come into force or be repealed on proclamation or by
regulation of the Lieutenant Governor in Council,

(a)
the proclamation or regulation may apply to the coming into force or repeal of
any provision of the enactment, and

(b)
proclamations or regulations may be issued at different times for different
provisions of the enactment.

Effect of private Acts

6 A provision in a private Act does not affect the rights of any person, except only
as referred to or mentioned in that Act.

Enactment always speaking

7(1) Every enactment must be construed as always speaking.

(2) If a provision in an enactment is expressed in the present tense, the provision
applies to the circumstances as they arise.

Enactment remedial

8 Every enactment must be construed as being remedial, and must be given such fair,
large and liberal construction and interpretation as best ensures the attainment of its
objects.

Title and preamble

9 The title and preamble of an enactment are part of it and are intended to assist in
explaining its meaning and object.

Enacting clause

10 The enacting clause of an Act of the Legislature may be in the following form: "Her
Majesty, by and with the advice and consent of the Legislative Assembly of the Province of
British Columbia, enacts as follows:".

Reference aids and clarifications

11(1) In an enactment, a head note to a provision or a reference after the end of a
section or other division

(a)
is not part of the enactment, and

(b)
must be considered to have been added editorially for convenience of reference
only.

(2) In an enactment, if a reference to a provision of the enactment or any other
enactment is followed by italicized text in square brackets that is or purports to be
descriptive of the subject matter of the provision, subsection (1) (a) and (b) applies
to the text in square brackets.

(3) The Lieutenant Governor in Council may make regulations amending an enactment for
the purpose of changing a reference to a specific minister or ministry in a provision of
the enactment to the minister or ministry, as applicable, currently assigned
responsibility in relation to the matter.

Definitions and interpretation provisions

12 Definitions or interpretation provisions in an enactment, unless the contrary
intention appears in the enactment, apply to the whole enactment including the section
containing a definition or interpretation provision.

Application of expressions in enactments to regulations

13 An expression used in a regulation has the same meaning as in the enactment
authorizing the regulation.

Government bound by enactments; exception

14(1) Unless it specifically provides otherwise, an enactment is binding on the
government.

(2) Despite subsection (1), an enactment that would bind or affect the government in the
use or development of land, or in the planning, construction, alteration, servicing,
maintenance or use of improvements, as defined in the Assessment Act, does not bind or affect the government.

Power of repeal and amendment

15(1) Every Act must be construed as to reserve to the Legislature the power of
repealing or amending it, and of revoking, restricting or modifying a power, privilege or
advantage that it vests in or grants to any person.

(2) An Act may be amended or repealed by an Act passed in the same session of the
Legislature.

Proclamation

16(1) In a proclamation, it is not necessary to mention that it is issued under an order
of the Lieutenant Governor in Council.

(2) If a proclamation is authorized, the proclamation may be dated the day its issue
was authorized, and, despite the Regulations Act, the day on which it so purports to have been issued is deemed
to be the day on which the proclamation takes effect.

(3) If an enactment is expressed to come into force on proclamation, judicial notice
must be taken of the issue of the proclamation without being specially pleaded.

Corporate rights and powers

17(1) A corporation has perpetual succession and may do the following:

(a)
sue and be sued in its corporate name;

(b)
contract and be contracted with in its corporate name;

(c)
have a common seal and may alter or change it;

(d)
acquire and dispose of property other than land for its purposes;

(e)
regulate its own procedure and business;

(f)
in the case of a corporation with a name consisting of an English and a French
form or a combined English and French form, use either the English or French form of its
name or both forms and show on its seal both the English and French forms of its name or
have 2 seals, one showing the English and the other showing the French form of its
name.

(2) A majority of the members of the corporation may bind the others and the
corporation by their acts.

(3) Individual members of a corporation established by an enactment who do not
contravene the enactment are exempt from personal liability for the corporation's debts,
obligations or acts.

Majority and quorum

18(1) If in an enactment an act or thing is required or authorized to be done by more
than 2 persons, a majority of them may do it.

(2) If an enactment establishes a board, commission or other body consisting of 3 or
more members, in this subsection called the "association", the following rules
apply:

(a)
if the number of members of the association provided for by the enactment is a
fixed number, at least 1/2 of that number of members constitutes a quorum at a meeting
of the association;

(b)
if the number of members of the association provided for by the enactment is not
a fixed number, at least 1/2 of the number of members in office constitutes a quorum at
a meeting of the association, as long as the number of members is within the maximum or
minimum number, if any, authorized by the enactment;

(c)
an act or thing done by a majority of the members of the association present at
a meeting, if the members present constitute a quorum, is deemed to have been done by
the association;

(d)
a vacancy in the membership of the association does not invalidate the
constitution of the association or impair the right of the members in office to act, if
the number of members in office is not less than a quorum.

Powers to judges and court officers

19(1) If by an enactment judicial or quasi judicial powers are given to a judge or
officer of a court, the judge or officer in exercising the powers does so in his or her
official capacity and representing the court.

(2) Without restricting subsection (1), if under an enactment an appeal is given
from a person, board, commission or other body to a court or judge, an appeal lies from
the decision of the court or judge as in the case of any other proceeding in that court or
in the court of which the judge is a member.

Appointments of officers

20(1) An authority under an enactment to appoint a public officer is authority to
appoint during pleasure.

(2) If a person is appointed under an enactment to an office effective on a specified
day, the appointment is effective immediately on the commencement of that day.

(3) If the appointment of the person is terminated effective on a specified day, the
termination is effective immediately on the commencement of that day.

Demise of Crown

21 On a demise of the Crown, it is not necessary to renew a commission or appointment
by which a person in British Columbia held or exercised their office or profession during
the previous reign, but all persons who held or exercised an office or profession under the
late Sovereign continue in the exercise of the duties and functions of their respective
offices and professions as fully as if newly appointed by commission or appointment from the
Sovereign for the time being from the date of his or her accession, and it is not necessary
for those persons to take an oath of allegiance to the new Sovereign.

Included powers

22 Words in an enactment authorizing the appointment of a public officer include power
to do the following:

(a)
set his or her term of office;

(b)
terminate his or her appointment or remove or suspend the public
officer;

(c)
reappoint or reinstate the public officer;

(d)
set the public officer's remuneration and vary or terminate it;

(e)
appoint another in his or her place or to act in his or her place;

(f)
appoint a person as the public officer's deputy.

Powers to act for ministers, deputy ministers and public
officers

23(1) Words in an enactment directing or empowering a minister of the government to do
something, or otherwise applying to the minister by his or her name of office, include a
minister designated to act in the office and the deputy or associate deputy of the
minister.

(2) If a deputy minister is absent or unable to act, an assistant deputy minister, or
some other official authorized by the minister, has the powers and must perform the duties
of the deputy minister.

(3) Words in an enactment directing or empowering a public officer to do something, or
otherwise applying to the public officer by his or her name of office, include a person
acting for the public officer or appointed to act in the office and the deputy of the
public officer.

(4) This section applies whether or not the office of a minister or public officer is
vacant.

(5)
Subsection
(1) does not authorize a deputy or an associate deputy of a minister to
exercise an authority conferred on the minister to enact a regulation as defined in the
Regulations Act.

Documentary evidence

24 If an enactment provides that a document is evidence or proof of a fact, unless the
context indicates that the document is conclusive evidence, the document is admissible in
evidence in any proceeding, and the fact is deemed to be established in the absence of any
evidence to the contrary.

Calculation of time or age

25(1) This section applies to an enactment and to a deed, conveyance or other legal
instrument unless specifically provided otherwise in the deed, conveyance or other legal
instrument.

(2) If the time for doing an act falls or expires on a holiday, the time is extended
to the next day that is not a holiday.

(3) If the time for doing an act in a business office falls or expires on a day when
the office is not open during regular business hours, the time is extended to the next day
that the office is open.

(4) In the calculation of time expressed as clear days, weeks, months or years, or as
"at least" or "not less than" a number of days, weeks, months or years, the first and last
days must be excluded.

(5) In the calculation of time not referred to in subsection (4), the first day must
be excluded and the last day included.

(6) If, under this section, the calculation of time ends on a day in a month that has
no date corresponding to the first day of the period of time, the time ends on the last
day of that month.

(7) A specified time of day is a reference to Pacific Standard time, or 8 hours behind
Greenwich mean time, unless Daylight Saving time is being used or observed on that
day.

(8) A person reaches a particular age expressed in years at the start of the relevant
anniversary of his or her date of birth.

Daylight Saving time

26 The Lieutenant Governor in Council may make regulations

(a)
prescribing a period in each year, known as Daylight Saving time, in which the
time, for general purposes in British Columbia, is 7 hours behind Greenwich mean time,
and

(b)
varying the reckoning of Pacific Standard time.

Ancillary powers

27(1) If in an enactment anything is required or authorized to be done by or before a
judge, justice, coroner or public officer, it must be done by or before one whose
jurisdiction or powers extend to the place where the thing is to be done.

(2) If in an enactment power is given to a person to do or enforce the doing of an act
or thing, all the powers that are necessary to enable the person to do or enforce the
doing of the act or thing are also deemed to be given.

(3) If in an enactment a power is conferred or a duty imposed, the power may be
exercised and the duty must be performed from time to time as occasion
requires.

(4) If in an enactment a power is conferred to make regulations, the power includes a
power exercisable in the same manner, and subject to the same consent and conditions, if
any, to repeal or amend the regulations and make others.

(5) If in an enactment the doing of an authorized act is dependent on an act of the
Lieutenant Governor in Council or of a public officer, the Lieutenant Governor in Council
or public officer has the power to do that other act or thing.

(6) Power given to a person in an enactment to enter into an agreement includes the
power for the person with whom the agreement is to be made to enter into the agreement and
to carry out its terms, subject to conditions that apply to that person in the exercise of
the power.

(7) If in an enactment power is given to a person to inspect or to require the
production of records, the power includes the power to make copies or extracts of the
records.

Use of forms and words

28(1) If a form is prescribed under an enactment, deviations from it not affecting the
substance or calculated to mislead, do not invalidate the form used.

(2) Gender specific terms include both genders and include corporations.

(3) In an enactment words in the singular include the plural, and words in the plural
include the singular.

(4) If a word or expression is defined in an enactment, other parts of speech and
grammatical forms of the same word or expression have corresponding meanings.

Expressions defined

29 In an enactment:

"acquire" means to obtain by any method and includes accept,
receive, purchase, be vested with, lease, take possession, control or occupation of, and
agree to do any of those things, but does not include expropriate;

"affidavit" or "oath" includes an
affirmation, a statutory declaration, or a solemn declaration made under the Evidence Act, or under the Canada Evidence Act; and the word "swear" includes solemnly declare or affirm;

"bank" or "chartered bank" means a bank to
which the Bank Act (Canada) applies;

"barrister" or "solicitor" or
"barrister and solicitor" means a practising lawyer as defined in
section 1
(1) of the Legal Profession Act;

"British Columbia land surveyor" means a person entitled to
practise as a land surveyor under the Land Surveyors Act;

["calendar year", see "year"]

["Canada", see "government of Canada"]

"Cascade Mountains" means the line described in the Schedule to
this Act;

["chartered bank", see "bank"]

["civil engineer", see "professional engineer"]

"commencement", with reference to an enactment, means the date
on which the enactment comes into force;

"commercial paper" includes a bill of exchange, cheque,
promissory note, negotiable instrument, conditional sale agreement, lien note, hire
purchase agreement, chattel mortgage, bill of lading, bill of sale, warehouse receipt,
guarantee, instrument of assignment, things in action and any document of title that
passes ownership or possession and on which credit can be raised;

"consolidated revenue fund", "consolidated
revenue" or "consolidated revenue fund of the Province"
means the consolidated revenue fund of British Columbia;

"corporation" means an incorporated association, company,
society, municipality or other incorporated body, where and however incorporated, and
includes a corporation sole other than Her Majesty or the Lieutenant Governor;

"correctional centre" means a correctional centre under the
Correction Act;

"deliver", with reference to a notice or other document,
includes mail to or leave with a person, or deposit in a person's mail box or receptacle
at the person's residence or place of business;

"Deputy Provincial Secretary" includes the Deputy Provincial
Secretary and Deputy Minister of Government Services;

"dispose" means to transfer by any method and includes assign,
give, sell, grant, charge, convey, bequeath, devise, lease, divest, release and agree to
do any of those things;

"electoral district" means an electoral district referred to in
section
18 of the Constitution Act;

"Executive Council" means the Executive Council appointed under
the Constitution Act;

"Gazette" means The British Columbia Gazette published by the
Queen's Printer of British Columbia;

"government" or "government of British
Columbia" means Her Majesty in right of British Columbia;

"government agent" means a person appointed under the Public Service Act as a government agent;

"government of Canada" or "Canada" means Her
Majesty in right of Canada or Canada, as the context requires;

"Governor", "Governor of Canada" or
"Governor General" means the Governor General of Canada and includes
the Administrator of Canada;

"Governor in Council" or "Governor General in
Council" means the Governor General acting by and with the advice of, or by
and with the advice and consent of, or in conjunction with, the Queen's Privy Council for
Canada;

"Great Seal" means the Great Seal of the Province;

"herein" used in a section or part of an enactment must be
construed as referring to the whole enactment and not to that section or part
only;

"Her Majesty", "His Majesty", "the
Queen", "the King", "the Crown" or
"the Sovereign" means the Sovereign of the United Kingdom, Canada,
and Her other realms and territories, and Head of the Commonwealth;

(d)
a day set by the Parliament of Canada or by the Legislature, or appointed by
proclamation of the Governor General or the Lieutenant Governor, to be observed as a day
of general prayer or mourning, a day of public rejoicing or thanksgiving, a day for
celebrating the birthday of the reigning Sovereign, or as a public holiday;

"justice" means a justice of the peace and includes a judicial
justice or a judge of the Provincial Court;

["King, the", see "Her Majesty"]

"land" includes any interest in land, including any right,
title or estate in it of any tenure, with all buildings and houses, unless there are words
to exclude buildings and houses, or to restrict the meaning;

"land title legislation", prior to October 31, 1979 means the
Land Registry Act and after October 30, 1979 means the Land Title Act;

"Legislative Assembly" means the Legislative Assembly of
British Columbia constituted under the Constitution Act;

"Legislature" means the Lieutenant Governor acting by and with
the advice and consent of the Legislative Assembly;

"Lieutenant Governor" means the Lieutenant Governor of British
Columbia and includes the Administrator of British Columbia;

"Lieutenant Governor in Council" means the Lieutenant Governor
acting by and with the advice of, or by and with the advice and consent of, or in
conjunction with, the Executive Council;

"mail" refers to the deposit of the matter to which the context
applies in the Canada Post Office at any place in Canada, postage prepaid, for
transmission by post, and includes deliver;

"may" is to be construed as permissive and
empowering;

"medical practitioner" means a registrant of the College of
Physicians and Surgeons of British Columbia entitled under the Health Professions Act to practise medicine and to use the title "medical
practitioner";

"mentally disordered person", "mentally incompetent
person", "mentally ill person", or "person with a
mental disorder" means a person with a mental disorder as defined in section 1
of the Mental Health Act;

["mining engineer", see "professional engineer"]

"minister" means that member of the Executive Council charged
by order of the Lieutenant Governor in Council with the administration of the
enactment;

"minor" means a person under the age of majority;

"month" means a period calculated from a day in one month to a
day numerically corresponding to that day in the following month, less one day;

"newspaper", in a provision requiring publication in a
newspaper, means a printed publication in sheet form, intended for general circulation,
published regularly at intervals of not longer than a week, consisting in great part of
news of current events of general interest;

"now" must be construed as referring to the time of
commencement of the enactment containing the word;

"nurse practitioner" means a person who is authorized under the
bylaws of the College of Registered Nurses of British Columbia to practise nursing as a
nurse practitioner and to use the title "nurse practitioner";

["oath", see "affidavit"]

"obligation" includes a duty and a liability;

"peace officer" includes

(a)
a mayor, sheriff and sheriff's officer,

(b)
a warden, correctional officer, and any other officer or permanent employee of a
penitentiary, prison, correctional centre or youth custody centre, and

(c)
a police officer, police constable, constable or other person employed for the
preservation and maintenance of the public peace;

"person" includes a corporation, partnership or party, and the
personal or other legal representatives of a person to whom the context can apply
according to law;

"personal representative" includes an executor of a will and an
administrator with or without will annexed of an estate, and, if a personal representative
is also a trustee of part or all of the estate, includes the personal representative and
trustee;

"prescribed" means prescribed by regulation;

"proclamation" means a proclamation of the Lieutenant Governor
under the Great Seal issued under an order of the Lieutenant Governor in
Council;

"professional engineer", "civil engineer" or
"mining engineer" or words implying recognition of any person as a
professional engineer or member of the engineering profession means a person registered or
licensed under the Engineers and Geoscientists Act;

"property" includes any right, title, interest, estate or claim
to or in property;

"Province" means the Province of British Columbia or Her
Majesty in right of British Columbia as the context requires;

"province", when used as meaning a part of Canada, includes the
Northwest Territories, Yukon and Nunavut;

"Provincial Court" means the Provincial Court of British
Columbia;

"Provincial Treasurer" or "Treasurer" means
the Minister of Finance and includes the Deputy Minister of Finance;

"Railway Belt" means the land on the mainland of British
Columbia expressed to be granted to Canada by section 2 of chapter 14 of the Statutes of
British Columbia, 1884;

"record" includes books, documents, maps, drawings,
photographs, letters, vouchers, papers and any other thing on which information is
recorded or stored by any means whether graphic, electronic, mechanical or
otherwise;

"writing", "written", or a term of similar
import includes words printed, typewritten, painted, engraved, lithographed, photographed
or represented or reproduced by any mode of representing or reproducing words in visible
form;

"year" means any period of 12 consecutive months; but a
reference to a "calendar year" means a period of 12 consecutive months
beginning on January 1, and a reference by number to a dominical year means a period of 12
consecutive months beginning on January 1 of that dominical year;

(a)
the Tsawwassen First Nation or the Tsawwassen First Nation Government, as the
context requires, or

(b)
a Maa-nulth First Nation or a Maa-nulth First Nation Government, as the context
requires;

"treaty first nation child" means

(a)
a treaty first nation constituent who has not reached the age of majority,
or

(b)
a treaty first nation member who has not reached the age of majority;

"treaty first nation constituent", in relation to a treaty
first nation, means an individual who is a citizen of the treaty first nation under the
laws of the treaty first nation;

"treaty first nation member", in relation to a treaty first
nation, means an individual who is enrolled under the final agreement of the treaty first
nation;

"treaty lands"

(a)
in relation to the Tsawwassen First Nation, means Tsawwassen Lands, including
additions to Tsawwassen Lands made in accordance with the Tsawwassen Final Agreement,
and

(b)
in relation to a Maa-nulth First Nation, means the Maa-nulth First Nation Lands
described for the Maa-nulth First Nation in section 2.1.1 of Chapter 2
[Lands] of the Maa-nulth First Nations Final Agreement, and
includes additions to the Maa-nulth First Nation Lands of that Maa-nulth First Nation
made in accordance with that final agreement.

(2) Words and expressions that are used in this section and defined in a final
agreement or settlement legislation specific to a treaty first nation have the same
meaning as in the final agreement or settlement legislation, as applicable.

Definitions in relation to Nisga'a Final Agreement

29.2(1) In an enactment, "Nisga'a child", "Nisga'a citizen", "Nisga'a Government", "Nisga'a Lands", "Nisga'a laws", "Nisga'a Lisims Government", "Nisga'a Nation", "Nisga'a Village" and "Nisga'a Village Government" have the same meaning as in the Definitions Chapter of the Nisga'a Final Agreement.

(2) In an enactment, "Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act.

Metric expressions

30 In an enactment, metric expressions and symbols have the meaning given to them in
the Weights and Measures Act (Canada) and if not mentioned there, have the meaning given to them in the International System of Units established by the General
Conference of Weights and Measures.

Common names

31 In an enactment, the name commonly applied to a country, place, body, corporation,
society, officer, functionary, person, party or thing means the country, place, body,
corporation, society, officer, functionary, person, party or thing to which the name is
commonly applied, although the name is not the formal or extended designation of
it.

Citation includes amendments

32 In an enactment a reference to another enactment of the Province or of Canada is a
reference to the other enactment as amended, whether amended before or after the
commencement of the enactment in which the reference occurs.

References in enactments

33(1) A reference in an enactment to a series of numbers or letters by the first and
last numbers or letters of the series includes the number or letter first and last
mentioned.

(2) A reference in an enactment to a Part, division, section, schedule, appendix, or
form is a reference to a Part, division, section, schedule, appendix or form of the
enactment in which the reference occurs.

(3) A reference in an enactment to a subsection, paragraph, subparagraph or clause is
a reference to a subsection, paragraph, subparagraph or clause of the section, subsection,
paragraph or subparagraph in which the reference occurs.

(4) A reference in an enactment to regulations is a reference to regulations made
under the enactment in which the reference occurs.

(5) A reference in an enactment by number or letter to a section, subsection,
paragraph, subparagraph, clause or other division or line of another enactment must be
construed as a reference to the division or line of the other enactment as printed under
the Queen's Printer Act.

(6) If an enactment refers to a matter "under" a named or unnamed Act, an Act in that reference includes regulations enacted under the authority of that Act.

Amending enactment part of enactment amended

34 An amending enactment must be construed as part of the enactment that it
amends.

Repeal

35(1) If all or part of an enactment is repealed, the repeal does not

(a)
revive an enactment or thing not in force or existing immediately before the
time when the repeal takes effect,

(b)
affect the previous operation of the enactment so repealed or anything done or
suffered under it,

(c)
affect a right or obligation acquired, accrued, accruing or incurred under the
enactment so repealed,

(d)
subject to section 36 (1) (d), affect an offence committed
against or a contravention of the repealed enactment, or a penalty, forfeiture or
punishment incurred under it, or

(e)
affect an investigation, proceeding or remedy for the right, obligation,
penalty, forfeiture or punishment.

(2) Subject to section 36 (1), an investigation, proceeding or remedy
described in subsection (1) (e) may be instituted, continued or enforced and the penalty,
forfeiture or punishment imposed as if the enactment had not been repealed.

Repeal and replacement

36(1) If an enactment (the "former enactment") is repealed and another enactment (the
"new enactment") is substituted for it,

(a)
every person acting under the former enactment must continue to act as if
appointed or elected under the new enactment until another is appointed or elected in
his or her place,

(b)
every proceeding commenced under the former enactment must be continued under
and in conformity with the new enactment so far as it may be done consistently with the
new enactment,

(c)
the procedure established by the new enactment must be followed as far as it can
be adapted in the recovery or enforcement of penalties and forfeitures incurred under
the former enactment, in the enforcement of rights existing or accruing under the former
enactment, and in a proceeding relating to matters that happened before the
repeal,

(d)
when a penalty, forfeiture or punishment is reduced or mitigated by the new
enactment, the penalty, forfeiture or punishment if imposed or adjusted after the repeal
must be reduced or mitigated accordingly,

(e)
all regulations made under the former enactment remain in force and are deemed
to have been made under the new enactment, in so far as they are not inconsistent with
the new enactment, until they are repealed or others are made in their place,
and

(f)
a reference in an unrepealed enactment to the former enactment must, for a
subsequent transaction, matter or thing, be construed as a reference to the provision of
the new enactment relating to the same subject matter, but if there is no provision in
the new enactment relating to the same subject matter, the former enactment must be
construed as being unrepealed so far as is necessary to give effect to the unrepealed
enactment.

(2) If all or part of an enactment of any other province of Canada or of Canada is
repealed and another provision is substituted by way of amendment, revision or
consolidation, a reference in an enactment of the Province to the repealed enactment must,
for a subsequent transaction, matter or thing, be construed to be a reference to the
provision of the substituted enactment relating to the same subject matter.

No implications from repeal, amendment, etc.

37(1) The repeal of all or part of an enactment, or the repeal of an enactment and the
substitution for it of another enactment, or the amendment of an enactment must not be
construed to be or to involve either a declaration that the enactment was or was
considered by the Legislature or other body or person who enacted it to have been
previously in force, or a declaration about the previous state of the law.

(2) The amendment of an enactment must not be construed to be or to involve a
declaration that the law under the enactment prior to the amendment was or was considered
by the Legislature or other body or person who enacted it to have been different from the
law under the enactment as amended.

(3) An amendment, consolidation, re-enactment or revision of an enactment must not be
construed to be or to involve an adoption of the construction that has by judicial
decision or otherwise been placed on the language used in the enactment or on similar
language.

Notice by newspaper

38 If an enactment provides that notice must or may be given by publication in a
newspaper published in a particular municipality, district, county, jurisdiction or other
place, the provision must be construed to mean that the notice may be sufficiently given, if
no newspaper is published at the time when the notice is to be given in the particular
place, by publishing or advertising the notice in a newspaper published in British Columbia,
nearest to the place mentioned.

Application of definitions in Supreme Court
Act to other enactments

39 The definitions section of the Supreme Court Act, so far as the terms defined can be applied, extends to all
enactments relating to legal proceedings.

Definitions in Community Charter and Local
Government Act apply to other enactments

40(1) So far as the terms defined can be applied, the definitions established by or
applicable under

extend to all enactments relating to municipal and regional district matters.

(2) As an exception, subsection (1) does not apply in relation to the
definition of "municipality" in the Community Charter.

Powers to make regulations

41(1) If an enactment provides that the Lieutenant Governor in Council or any other
person may make regulations, the enactment must be construed as empowering the Lieutenant
Governor in Council or that other person, for the purpose of carrying out the enactment
according to its intent, to

(a)
make regulations as are considered necessary and advisable, are ancillary to it,
and are not inconsistent with it,

(b)
provide for administrative and procedural matters for which no express, or only
partial, provision has been made,

(c)
limit the application of a regulation in time or place or both,

(d)
prescribe the amount of a fee authorized by the enactment,

(e)
provide, for a regulation made by or with the approval of the Lieutenant
Governor in Council, that its contravention constitutes an offence, and

(f)
provide that a person who is guilty of an offence created under paragraph
(e) is liable to a penalty not greater than the penalties provided in the
Offence Act.

(2) A regulation made under the authority of an enactment has the force of law.

Subdivisions of Act

42(1) A section is divided into subdivisions known in descending order as subsections,
paragraphs, subparagraphs and clauses.

(2) In an enactment enacted before July 1, 1974

(a)
a reference to a clause is deemed to be a reference to a paragraph,

(b)
a reference to a paragraph is deemed to be a reference to a subparagraph,
and

(c)
a reference to a subparagraph is deemed to be a reference to a
clause.

Citation of Acts

43 An Act may be cited as follows:

(a)
by reference to its chapter number in the volume of Acts for the year or regnal
year in which it was enacted;

(b)
by reference to its title, with or without reference to its chapter
number;

(c)
in the case of an Act that is a revised statute included in a general revision, by
reference to its chapter number in the Revised Statutes of British Columbia;

(d)
in the case of an Act that is a limited revision, by reference to its chapter
number in the volume of Acts for the year or regnal year in which it was enacted and as a
Revised Statute of British Columbia for that year.

Mutatis mutandis

44 If an enactment provides that another enactment applies, it applies with the
necessary changes and so far as it is applicable.

Schedule

Commencing at Boundary Point No. 7 (formerly known as Point "D"), being a
monument set by survey upon the ground on the International Boundary between Canada and
Alaska; thence in a straight line to the nearest point on the westerly boundary of the
watershed of Bear River; thence northerly along said westerly boundary to the point of
junction thereof with the westerly boundary of the watershed of Nass River; thence
northerly, easterly and southerly along the westerly boundary of the watershed of Nass River
to the point thereon which lies due West of the northwest corner of Lot 1704, Cassiar Land
District; thence East to said corner; thence easterly along the northerly boundary of said
lot to the most westerly northwest corner of former Aiyansh (Kitladamas) Indian Reserve
No. 1; thence southerly along the westerly boundary of former Aiyansh (Kitladamas) Indian
Reserve No. 1 to the most southerly corner thereof, being a point on the right bank of Nass
River; thence due South to intersect the left bank of said river; thence easterly along the
left bank of Nass River to the northwest corner of Lot 4827, Cassiar Land District; thence
southerly along the westerly boundary of Lot 4827 to the southwest corner thereof; thence
due South to the westerly boundary of the watershed of Tseax River; thence in a general
southerly direction along said westerly boundary and continuing in a general southerly and
easterly direction along the westerly and southerly boundaries of the watershed of
Kitsumkalum River to the southerly boundary of the watershed of Alice Creek, a tributary of
said Kitsumkalum River; thence easterly along said southerly boundary to the point thereon
which lies due West of the northwest corner of Lot 1410, Range 5, Coast Land District;
thence East to said corner; thence southerly and easterly along the westerly and southerly
boundaries of said lot to the southeast corner thereof; thence southerly along the westerly
boundary of Lot 1409 to the southwest corner thereof; thence easterly along the southerly
boundary of said lot to the point thereon which lies due North of the more northerly
northeast corner of Lot 701; thence South to said corner; thence southerly along the
easterly boundary of said lot to the re-entrant angle thereof; thence easterly along the
northerly boundary of said lot produced to the westerly boundary of Kitsumkaylum Indian
Reserve No. 1; thence southerly along said boundary of said Indian reserve produced to the
middle line of Skeena River; thence southwesterly along said middle line to a point due West
of the left bank of Hellsgate Slough; thence East to said left bank and continuing easterly
along the left bank of Hellsgate Slough and that of Skeena River to the northwest corner of
Lot 373; thence easterly and southerly along the northerly and easterly boundaries of said
lot to the southeast corner thereof; thence easterly along the northerly boundaries of Lots
1429 and 1051 to the northeast corner of Lot 1051 — all the above-mentioned lots, beginning
with Lot 1410, being in Range 5, Coast Land District; thence due East to the southwesterly
boundary of the watershed of Zymoetz River; thence in a general southeasterly direction
along said southwesterly boundary and the easterly boundaries of the watersheds of Kitimat,
Kildala, Kemano, Tsaytis, Kitlope and Kimsquit Rivers to the northerly boundary of the
watershed of Dean River; thence easterly along said northerly boundary to the easterly
boundary of the watershed of Sakumtha River; thence southerly along said easterly boundary
and that of the watershed of Bernhardt Creek to the southerly boundary of the watershed of
the streams flowing into Sigutlat Lake; thence easterly along said southerly boundary to the
point thereon which lies due North of the northerly extremity of the westerly boundary of
the watershed of Takia River; thence South to said northerly extremity; thence southerly
along said watershed boundary to the southerly boundary of the watershed of Dean River;
thence in a general southeasterly direction along said southerly boundary and the northerly
boundary of the watershed of Klinaklini River to the easterly boundary of this said
watershed; thence southeasterly along said easterly boundary and the northerly boundary of
the watershed of Homathko River to the point thereon which lies due North of the northeast
corner of Lot 333, Range 2, Coast Land District; thence South to said corner; thence
southerly along the easterly boundaries of said Lot 333 and Lot 334 of said Range 2 to the
southeast corner of Lot 334; thence westerly along the southerly boundary of said lot to the
southwest corner thereof; thence due South to the westerly boundary of the watershed of
Chilko River; thence southerly and southeasterly along said boundary and the southwesterly
boundary of the watershed of Bridge River to the northerly boundary of the watershed of
Birkenhead River; thence easterly and southerly along the northerly and easterly boundaries
of the watershed of Birkenhead River to a point due North of the northeast corner of Lot
742, Lillooet District; thence South to the said northeast corner; thence southerly along
the easterly boundary of Lot 742 to the southeast corner thereof; thence due South to the
northerly boundary of Lot 969, Lillooet District; thence southeasterly, southerly, and
westerly along the northerly, easterly and southerly boundaries of said lot to the
intersection of said southerly boundary with the easterly boundary of the watershed of the
Birkenhead River; thence southwesterly along said boundary to its intersection with the
northerly boundary of Lot 1251, Lillooet Land District; thence westerly, southerly and
easterly along the northerly, westerly and southerly boundaries of said lot to the southwest
corner of Lot 5146; thence due South to the easterly boundary of the watershed of Birkenhead
River; thence southeasterly along said boundary and the easterly boundary of the watershed
of Lillooet Lake, Lillooet River, and Harrison Lake to the easterly boundary of the
watershed of Garnet Creek; thence southerly along said boundary and the westerly and
southerly boundaries of the watershed of American Creek to its intersection with the
westerly boundary of Township 5, Range 26, West of the sixth meridian; thence southerly
along said boundary and the westerly boundaries of Townships 4 and 3, Range 26, West of the
sixth meridian, to the southwest corner of Township 3; thence due South to the northerly
boundary of the watershed of Chilliwack River; thence in a general southeasterly direction
along the northerly and easterly boundaries of the watershed of Chilliwack River to the
southerly boundary of the Province.